Common use of Unmanageable Circumstances Clause in Contracts

Unmanageable Circumstances. The stop fee may be waived during unmanageable circumstances. These are defined in the milk supply agreement. The effects of the event must directly result in a severe downturn in milk production. Examples of Unmanageable Circumstances are: • A natural disaster that results in a loss of production due to, or a combination of: bushfire, earthquake, flooding, storm including hailstorm, cyclone or landslide; • Drought: – Any region declared in drought (or marginally declared) by government. – Norco will accept submissions from properties within a 50 km straight line from a declared area. Applying for Unmanageable Circumstances • The onus for appeals for Unmanageable Circumstances lies with the Supplier. Suppliers will be required to submit an application in writing to the Norco Board of Directors within 3 months of the event occurring. All evidence supporting the application must be in writing. • Suppliers will be advised of the outcome of their application within 31 days of the next Board meeting. • Where circumstances affect a significant number of Norco Suppliers in a region, a declaration of Unmanageable Circumstances will be issued by Norco.

Unmanageable Circumstances. The stop fee may be waived during unmanageable circumstances. These are defined in the milk supply agreement. The effects of the event must directly result in a severe downturn in milk production. Examples of Unmanageable Circumstances are: •  A natural disaster that results in a loss of production due to, or a combination of: bushfire, earthquake, flooding, storm including hailstorm, cyclone or landslide; •  Drought: – o Any region declared in drought (or marginally declared) by government. – o Norco will accept submissions from properties within a 50 km straight line from a declared area. ; Applying for Unmanageable Circumstances •  The onus for appeals for Unmanageable Circumstances lies with the Supplier. Suppliers will be required to submit an application in writing to the Norco Board of Directors within 3 months of the event occurring. All evidence supporting the application must be in writing. •  Suppliers will be advised of the outcome of their application within 31 days of the next Board meeting. •  Where circumstances affect a significant number of Norco Suppliers in a region, a declaration of Unmanageable Circumstances will be issued by Norco.